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(영문) 대구지방법원 2018.03.22 2017노4406
상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (5,00,000 won) imposed by the prosecutor by the lower court is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The court below sentenced the above punishment by taking account of favorable circumstances such as the defendant's confession of all the facts charged in the instant case, and the misunderstanding of mistake is divided, and the victim does not want punishment of the defendant.

In addition to the circumstances taken into account by the court below, the defendant was punished for the same kind of crime, and this case is considered as a favorable circumstance where the degree and method of the assault was serious, such as the degree and method of the assault by the victim's body after being over the victim's face is serious, and the defendant's damaged alteration complex, the heated defendant is the victim's death, and the market price of chemical powder and sick is insignificant.

In addition, in full view of the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, circumstances after the crime, etc. and all the conditions of sentencing as shown in the arguments, the sentence imposed by the court below is judged to be appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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